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Tag: Adedayo Akintoye

  • Cook jailed 14 years for beating brother to death over meat

    A Lagos High Court in Igbosere on Monday sentenced to 14 years imprisonment, a cook, Janet James, who beat her eight-year-old brother Saviour Effiong James to death for stealing meat from a pot of soup on August 10, 2009.

    Justice Adedayo Akintoye convicted James, 34, following her plea of guilty to an amended one-count charge of manslaughter.

    The judge said the 14-year imprisonment will take effect from August 21, 2009 when the James was remanded by a magistrates’ court.

    She noted that the defendant entered a plea bargain agreement with the prosecution last Monday at the high court, where the case was transferred to in 2013, and that she pleaded guilty to an amended charge of manslaughter.

    She said: “The sentence and plea bargain agreement states as follows:

    1. Defendant has shown remorse for the offence of manslaughter committed on the 10th day of August 2009 against the person of one Saviour Effiong
    2. The defendant pleads guilty to the offence as charged.
    3. The defendant has agreed to serve 14 years jail term from the date of remand by this honourable court.
    4. The defendant gives an undertaking to be of good behaviour, upon the completion of the jail term

    “In view of this therefore, the defendant, Janet James, is hereby found guilty of manslaughter contrary to Section 317 of the Criminal Code, Laws of Lagos State, 2003, and is accordingly convicted of same.

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    “I have taken into consideration that this is a 2013 case. I have also been guided by the plea and sentencing agreement entered into by the prosecution, the defendant Janet James and the defence counsel.

    “I note also the fact that the defendant has been in remand custody for many years. As a result therefore, the defendant Janet James is hereby sentenced to a term of 14 years. The term of imprisonment is to run from the date of remand, which is August 21st 2009. This is the judgment of the court.”

    During the trial, prosecution counsel Mrs Abiola Gbadamosi told the court that James committed the offence at about 8pm on August 10, 2009 in the Ilupeju area of Lagos State

    Gbadamosi said the convict killed Saviour James by beating him with a turning stick after accusing him of stealing meat from a pot of soup. She then dumped his body in the premises of an insurance company in Ilupeju.

    In his confessional statement to the police, admitted in court following her plea, James said: “I carried him (the deceased) on my back and walked a long distance before throwing him across the fence. I decided to dump him there because the offices had long been closed.

    “He used to steal. I even warned him when I went to the village to pick him. I beat him on Monday night at about 8pm after several warnings not to steal meat from the pot failed. I hit him with this little pestle (turning stick). But he did not die on the spot. At about 11pm, he woke up to urinate.

    “But when I woke up at about 2am, I discovered he was foaming at the mouth. I called him but there was no response. I tried opening his mouth and even hit him yet there was no movement.

    “Then I waited until about 5am before carrying him on my back and dumped him inside the premises of insurance firm and returned home.”

  • Updated! Again, court orders Jay Jay Okocha’s arrest

    A Lagos High Court in Igbosere on Monday renewed a bench warrant for the arrest of a former Super Eagles captain, Augustine Jay-Jay Okocha, for alleged tax evasion.

    Justice Adedayo Akintoye extended the arrest warrant, originally made last January 29, following an application by the Lagos State Government.

    Prosecution counsel Mr Yusuf Sule told the judge that Okocha had yet to settle out of court, the 2017 income tax evasion charge.

    Okocha, who was not in court, was not represented by any lawyer.

    The government alleged that Okocha had also failed to appear in court since October 5, 2017, when the case first came up.

    At the resumption of proceedings Monday, Sule said Okocha had made contact with the Lagos Internal Revenue Service (LIRS).

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    He said: “The defendant (Okocha) is trying to settle, but he is yet to make any payment. In the circumstances, we will be asking for a further date.”

    Granting his application, Justice Akintoye ruled: “Bench Warrant is to continue against the defendant. Case adjourned till May 28, 2019 for further directions.”

    The government filed a three-count charge against Okocha on June 6, 2017, accusing him of:

    “Failure to furnish return of income for tax purposes with the Lagos State Internal Revenue Service contrary to Section 94 (1) of the Personal Income Tax Act Cap P8 Laws of the Federal Republic of Nigeria 2004 (As Amended).

    “Failure to pay income tax contrary to Section 56(a) and (b) of the Lagos State Revenue Administration Law No. 8 of 2006.

    “Failure to furnish return of Income for tax purposes with the Lagos State Internal Revenue Service contrary to Section 94(1)of the Personal Income Tax Act Cap P8 Laws of the Federal Republic of Nigeria 2004 (As Amended).”

     

  • Hubby’s death: Court rejects wife’s motion on confessional statement

    A Lagos High Court on Thursday dismissed an application, praying it to reject the  confessional statement of a lawyer, Udeme Otike-Odibi, accused of killing her husband, Symphorosa, last May 3.

    Justice Adedayo Akintoye held that Otike-Odibi’s request, through her lawyer,  Oluseye Banjoko, did not satisfy the requirements of the law.

    The judge rejected the defendant’s prayer that a trial-within-trial should not be conducted to ascertain how the statement was obtained.

    She fixed the trial for May 23 to determine whether the  statement allegedly obtained from the defendant by the police last May 4 should be admitted in evidence.

    According to Banjoko, the statement was invalid because it was  made in her lawyer’s absence  and without being videoed, as required by law, among other reasons.

    He relied on Section 93 of the Administration of Criminal Justice Law (ACJL) of Lagos State, 2015 and Section 35(2) of the 1999 Constitution (as amended).

    Dismissing the application, Justice Akintoye held: “This court does not find that the said confessional statement was obtained contrary to Section 93 of the Administration of Criminal Justice Law (ACJL).”

    The court also considered Section 35(2) of the 1999 Constitution (as amended), which provides that a person accused or detained has a right to remain silent or avoid answering any question until such person has consulted a lawyer.

    Justice Akintoye said: “The defence counsel has not been able to establish that the defendant was not given the option to remain silent or to avoid answering any question until after consultation with a legal practitioner or any other person of her choice. This has not been proved to be so. He who asserts must prove…

    “It is also important to point out that the defendant, of all people, was well aware of her right, being a lawyer herself and as such, could have decided not to speak to any police officer.

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    “To now imply that she is not aware of her rights or that the police forced her to speak, appears to be very far-fetched to this court.

    “The end result is that I do not find that the confessional statement being sought to be tendered has in any way contravened Section 93 of the Administration of Criminal Justice Law (ACJL) of Lagos State, 2015 or Section 35(2) of the 1999 Constitution (as amended).

    “The prayer for an order rejecting the confessional statement for having been procured contrary to the above stated laws is hereby refused…the motion…is hereby dismissed.”

    Otike-Odibi was arraigned last June 13, on a two-count charge of murder and misconduct with regard to a body.

    She is accused of stabbing her husband, Symphorosa,  also a lawyer,  to death and cutting his manhood last May 3 at their Diamond Estate, Sangotedo, Lekki, Lagos, home.

    On January 23, a prosecution witness, Olusegun Bamidele, told the court that Otike-Odibi, 48, hit Symphorosa on the head with a frying pan several times before stabbing him in the stomach with a kitchen knife.

    Bamidele said Otike-Odibi told him that she then sat beside her husband’s body on the bed and said: “‘If this your manhood is the one that is giving you licence not to have the feeling of another person, it’s better we cut it off,” which she proceeded to do before putting a piece of it in his right hand.

    The witness, an Assistant Superintendent in the Homicide Section, State Criminal Investigation Department (CID), Panti, Yaba, said he recorded her statements with her approval, after cautioning her.

    But when Director of Public Prosecutions (DPP) Titilayo Shitta-Bey sought to tender Otike-Odibi’s two statements, Banjoko opposed her, following which the judge ordered a trial- within-trial to determine the statements’ admissibility.

    But on February 25, Otike-Odibi brought an application  to stop the trial. Rather, he urged it to reject the confessional statements.

     

  • Court gives Evans till May 17 to get lawyer 

    Lagos High Court has given kidnap suspect Chukwudumeme Onwuamadike alias Evans till May 17 to get a lawyer to defend him.

    The order came 12 days after a similar directive by an Ikeja High Court where he is also standing trial.

    Justice Adedayo Akintoye on Wednesday  told Evans, whose case has suffered three adjournments because he has no lawyer, that he now has  only three options :

    * defend himself;

    * get a new counsel;

    *or the court will appoint a Legal Aid counsel for him.

    The judge’s warning followed the third consecutive absence of Evans’ counsel, Chino Obiagwu (SAN).

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    At the last sitting on March 1, Obiagwu was not in court. But he sent a letter informing Justice Akintoye of his absence.

    Acknowledging the letter, Justice Akintoye adjourned till Wednesday for address by counsel for trial-within-trial.

    On March 29, Justice Oluwatoyin Taiwo of the Ikeja High Court gave him up till May 10 to get a lawyer or defend himself. Alternatively,  the court said it could appoint a Legal Aid counsel for him.

    Evans, Joseph Ikenna Emeka, 29, Chiemeka Arinze, 39, and Udeme Frank Upong, 43, are standing trial on a seven-count charge of murder, attempted murder, conspiracy to kidnap and selling of firearms.

    None of Evans’ lawyers was present yesterday nor did they write the court on their absence.

    Upon enquiry from Justice Adedayo, Evans said: “The last time we spoke, he told me that on the next adjournment he would be in court.”

    Judge: “So, he’s not here today?”

    Evans: “Yes.”

    Prosecuting counsel Yaqub Oshoala prayed the court to invoke Section 233 (3) of the Administration of Criminal Justice Law (ACJL), which empowers it to appoint a counsel for the defendant.

    He said: “The provision is that where the defendant fails or is unable to secure a counsel, the court has the discretion to order the Legal Aid Council to provide a representation for the defendant.

    “This is the third time this matter is called and the first defendant (Evans) is not represented”.

    Turning to Evans, Justice Akintoye asked: “What exactly is the position? I understand they don’t want to appear for you. Do you want the court to appoint another lawyer for you?”

    Evans shook his head. “No, my lord,” he said.

    The judge advised him to ensure that he got a lawyer before the next adjourned date.

    Justice Akintoye said: “If your lawyers don’t want to appear, we cannot force them.

    “You have three options, you can get another lawyer to represent you or the court can appoint one for you or you can defend yourself, which is not advisable.

    “Today is the last chance that I have given; otherwise I will do what I have said. After today, there will be no more adjournment.”

  • ‘I strangled my girlfriend to death by mistake’

    A murder suspect, Kelechukwu Chukwuanugo, on Tuesday told a Lagos High Court in Igbosere that he strangled his girlfriend, Lizzy Nzewi, to death by mistake during a struggle for her phone.

    Chukwuanugo, 37, in tears, told Justice Adedayo Akintoye that he loved Nzewi and had no intention of killing her.

    The defendant spoke while opening his defence to a one-count charge of murder preferred against him by the Lagos State Government.

    Prosecuting Counsel Yusuf Sule said Chukwuanugo strangled Nzewi to death with a wrapper at about 2pm on July 19, 2014, at Plot 34, Green Estate, Amuwo-Odofin, Lagos.

    He said the offence contravened Section 221 of the Criminal Law of Lagos State, 2011.

    The defendant pleaded not guilty, following which he was remanded in prison custody.

    During trial, the court heard that Chukwuanugo fled and was arrested at the border between Ghana and Cote D’Ivore by operatives from Nigeria and the International Police (INTERPOL) while fleeing with the deceased’s Range Rover Sports Utility Vehicle, SUV.

    The state called five witnesses, following which it closed its case.

    At the resumption of hearing Tuesday, Chukwuanugo was led in evidence by his counsel, C. J. Jiakponna.

    The defendant narrated how he met Nzewi, a divorcee mother of four in Ghana sometime in 2012 and how they became lovers.

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    He said: “I met Lizzy in Ghana, where I was working with a company that dealt in fairly-used clothes.

    “She bought goods and we exchanged contacts that was how we became boyfriend and girlfriend.”

    According to him, they became so close that he could even play with her children.

    He said Nzewi helped him to obtain an International passport and a driver’s licence which both bore a name similar to hers, to make it look like they were husband and wife.

    Chukwuanugo told the court that he even took Nzewi to his village once, adding that they attended clubs together.

    “On the day of incident, the deceased went out and stayed out till midnight and did not answer any of my phone calls.

    “She came back drunk, playing loud music in her car. I took her and her belongings inside the house.

    “I told her to take her bathe because she smelled so bad. As she went inside the bathroom. I called her phone to check if it was actually on silent but the phone rang out.

    “She came out to answer the call but found out I was the one calling.

    “After some time, the phone rang again, a man’s picture showed. I picked it and the man said ‘Baby are you home?’

    “She came out, tried to snatch the phone from me. We started quarreling and struggling with the phone.

    “She held my manhood so hard and I tried to free myself then held her neck.

    “The wine on the table which I was drinking poured on the floor, we slipped and fell. I saw that I was bleeding so I entered the bathroom to cleanup.

    “When I came out, she was still lying on the floor motionless. I shifted her and saw that she was already foaming from the mouth.

    “I didn’t know what to do, so, I took the key to the car, an ATM card and ran away,” Chukwuanugo said.

    The defendant said when he was arrested, he was taken to a hospital for treatment.

    His lawyer, Jiakponna, made an application to the court to allow him subpoena (summon) the hospital to come and testify.

    He also asked the court to allow him apply to the police to produce the defendant’s International passport, drivers’ licence and the ATM card seized from the defendant.

    At the conclusion of proceedings, Justice Akintoye adjourned till May 10 for further hearing.

     

     

  • Man to die for matcheting neighbour

    An Igbosere High Court in Lagos on Tuesday sentenced a man, Ibrahim Tijani, to death by hanging, for macheting his neighbour to death following a quarrel about the fumes from his generating set.

    Justice Adedayo Akintoye sentenced Tijani to death after finding him guilty of a one-count of murder.

    The judge noted that the evidence provided by the prosecution, including the witnesses’ testimony, was compelling and credible.

    Justice Akintoye held: “The court is satisfied that the defendant is as guilty as charged.

    “The defendant is to be hung by the neck until dead and may God have mercy on your soul.”

    Tijani was arraigned on January 21, 2016, by the Lagos State Government.

    Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem SAN said the defendant, who along with the deceased lived in an uncompleted building at Okun in Ajah area of Lagos, committed the offence at about 2:20am on February 8, 2015.

    He said Tijani, 34, slashed Bashorun Okanla‎won, 57, in the left hand, leg and waist with a machete in the presence of Okanlawon’s son Adeola.

    He left Okanlawon and went after Adeola, 16, who had been begging him to stop. The teenager fled and hid behind a cashew tree.

    When Tijani returned, Okanlawon had bled to death.

    According to the Attorney-General, the offence was punishable under Section 221 of the Criminal Law of Lagos State 2011.

    Tijani pleaded not guilty.

    During the trial, Adeola told Justice Akintoye that the incident followed a fight between his father and the defendant over the fumes from Tijani’s generator.

    The 16-year-old testified while Kazeem led him in evidence.

    According to him, Tijani attacked his father with a machete he picked from a food vendor.

    During cross-examination by the defendant’s counsel Onome Akpeneye, Adeola, the first prosecution witness, explained that the incident was preceded by a fight.

    He said that night, he and his father were bothered by the fumes which was wafting into their room from Tijani’s small generator.

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    The deceased complained to the defendant about the smoke and asked him to reposition the generator but the defendant refused, following which the deceased turned the generator funnel away from his room.

    A fight, which broke out, was settled by neighbours and, afterwards, an Islamic cleric reconciled the duo.

    According to Adeola, it was on their way from the cleric’s home that Tijani attacked the deceased.

    The Investigating Police Officer (IPO) in the case, Sergeant David Abu, also testified as the second prosecution witness.

    He stated that at about 2:13am on the day of the incident, a bleeding Tijani came to report a case of assault at the Agbongon Police Division.

    But, about 10 minutes later, the neighbours brought the lifeless body of the deceased to the station in a tricycle.

    He said “In my investigation review, on February 8, 2015, the defendant and the deceased were living in the same uncompleted building at Okun Ajah. The deceased complained to the defendant to adjust his generator as the smoke from the generator was entering his room.”

    Abu said the deceased complained to the cleric, who owns a block industry, following which the cleric sent for the defendant and reconciled the duo.

    According to him, on their way home from the Alfa’s place, the defendant picked a machete from a food vendor’s place and started chasing the deceased who tripped on a block and fell.

    The defendant, he added, started cutting the deceased.

    “He cut his left hand, leg and waist. When the son of the deceased, one Adeola Okanlawan, started shouting ‘don’t kill my father,’ he started chasing the boy who hid behind a cashew tree. When the defendant saw that the deceased could no longer move, he picked up a bottle and stabbed himself on the left arm and ran to the Police station to make a report of assualt,” Abu said.”

  • ‘Evans shot me, pretended to be a doctor’

    A prosecution witness, Chief James Uduji, on Friday told a Lagos High Court in Igbosere that suspected ‘billionaire’ kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a Evans, shot him during his kidnap and afterwards pretended to be a doctor.

    Uduji told Justice Adedayo Akintoye that Evans was the driver of the Lexus 470 SUV which he and three other members of his gang used during the operation.

    The witness testified at the commencement of the prosecution’s case against Evans and his co-defendants; Joseph Emeka, Linus Okpara and Victor Aduba.

    The four were arraigned on June 26 following the dismissal of Evans’ objection to a five-count charge of conspiracy, kidnapping and attempted murder, preferred against them by the Lagos State Government.

    The defendants and others at large allegedly committed the offences on September 7, 2015, at Seventh Avenue, Festac Town, Lagos.

    The allegedly conspired and kidnapped Uduji, obtained a ransom of $1.2 million dollars and shot him on the shoulder while trying to kill him.

    They pleaded not guilty.

    Evans is also facing another charge of conspiracy to kidnap, kidnapping and attempted murder, before the same judge.

    In this charge, he is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    Led in Examination-in-Chief by prosecution counsel Adebayo Haroun, Uduji narrated yesterday how he was kidnapped on September 7, 2015, by four armed men on his way home from his factory at Agbara in Ogun State.

    He said the incident took place very close to his house at 7th Avenue area of Festac Town, Lagos.
    Uduji said the alleged kidnappers drove a Lexus 470 SUV and fired several gun shots during the kidnap operation.

    The witness said he was surprised to see the men shooting towards his vehicle, adding that he thought they were the police.

    Uduji said: “I was inside my Hilux van with my two drivers when the men came and pulled me out of my vehicle and dragged me inside their own vehicle.

    “I was not blindfolded at this point, so I saw the men clearly and the man at the steering wheel with a gun was Evans; he is the only one I can recognise among the four,” Uduji said.

    The witness testified that it was when he was dragged out of his vehicle, that he noticed that he was stained with blood.

    “I then realised I had sustained a bullet wounds,” he explained.

    Uduji said the kidnappers called a doctor on phone who treated his bullet wound at their destination.

    The witness said he was given two tetanus injections for seven days, adding that Evans was the so called doctor who treated him.

    He said that he stayed for 45 days in captivity and a ransom of 1.2 million dollars was paid before he was released by the alleged kidnappers.

    Uduji told the court that the ransom was paid in three instalments by his brothers, adding that he was released eight days after the ransom was paid.

    The witness was cross-examined by all the defendants’ counsel, Mr Olarewaju Ajanaku who represented Evans, Mr Ogedi Ogu who represented the second defenant and Mr Emmanuel Ochai for the fourth defendant.

    Ajanaku observed that the specific date when Uduji was released from the kidnappers was not mentioned in the statement he made at the police station.

    He also stated that the date which the witness told the court that he made the statement at the police station was different from the date contained in the statement.

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    According to the charge, the defendants also allegedly fired shots at Mr Donatus Nwoye which hit him on the hand.
    The court heard that they also shot Jereome Okezie, Uduji’s driver, on the hand and head.

    At the conclusion of Uduji’s testimony, the prosecution called Jerome Okezie, as its second witness.
    Okezie testified that he sustained bullet wounds from the kidnappers’ gun shots, adding that he pretended to be dead after he was shot.

    He said he was taken to the hospital by some people after the kidnappers took his boss away.

    The offences, according to the prosecution, contravened Sections 230 (a) and 411 of the Criminal Law of Lagos State, 2015.

    Justice Akintoye adjourned further proceedings till September 17.